It’s the law, Mr. Merola

Our opinion: The Rensselaer County clerk defies a state law that makes some gun ownership records public. Since when did obeying the law become optional for elected officials?

Memo to Rensselaer County Clerk Frank Merola: Your election brings with it certain duties. They include complying with the law, including a new state law making some — that part can’t be emphasized enough — gun ownership records public, under certain circumstances.

Instead Mr. Merola is showing his defiant side. He’s decided that he won’t release information about who in the county has a pistol permit, even when those people don’t request that those records be sealed.

So goes the often obstinate fallout from a understandable effort by the Cuomo administration to better regulate gun ownership in the wake of the Newtown massacre.

As it is, the governor backed off a bit over maintaining what would have been a limited yet useful database. No longer will pistol permit holders automatically be listed publicly, though the information would remain accessible through the Freedom of Information Act. People who prefer to keep such potentially vital information private can apply for an exemption to an especially contentious law. Rifle owners aren’t listed at all.

That should be more than good enough for Mr. Merola. Yet by declaring that none of that information will be public, a county clerk joins the ranks of lawbreakers.

Again, Mr. Cuomo takes the more reasonable tone.

“That’s not for a county clerk to do on a blanket basis,” he says. “You can’t decide what the law is or change the law. Their job is to enforce the law administratively.”

Mr. Merola, or any county clerk, is free to speak out against the law and try to get the Legislature to change it. So, too, can all the county sheriffs who also oppose the law.

That much Mr. Cuomo acknowledges. He says of the state Sheriff’s Association’s support of a lawsuit against the New York SAFE Act: “They’re free to litigate — God bless America.”

Such freedom to speak out or contest a law in court, however, doesn’t extend to a right not to enforce it. For sheriffs, that means enforcing a more broadly defined ban on assault weapons. For clerks like Mr. Merola, it means quite a bit less — complying with a law that actually reduced public access to gun ownership records.

About 20,000 people in Rensselaer County legally own pistols. About 2,000 have taken legal steps to keep their records private, on the grounds that they’re law enforcement officers; have an order of protection; were a witness or jury member in a criminal court case; or fear for their safety.

Mr. Merola, however, says that keeping the records of those gun owners separate from those of the 18,000 people who haven’t objected to their information being public is just too hard.

“I can’t distinguish between those who opted out and haven’t opted out,” he says, calling into question both his willingness and his ability to perform such a routine task.

If Mr. Merola wants to make laws and set policies, he should seek a higher office. Otherwise, he should do his job as a county clerk.

24 Responses

The law is WRONG. It was rushed through in the middle of the night by imperious politicians. No input from the people or law enforcement. Databases of pistol permit holders have already been abused and published publicly. NY says, “oh sign this piece of paper and we’ll protect your privacy.” Yeah, right.

It’s good to see these little acts of rebellion. I can only hope the law is struck down. Loading 7 bullets in a magazine that holds 10 is INFRINGEMENT. (and stupid)

Once again, the TU Editorial Board is in Andy’s pocket. With the following commentary, “… Mr. Cuomo takes the more reasonable tone.” and “So goes the often obstinate fallout from a understandable effort by the Cuomo administration to better regulate gun ownership in the wake of the Newtown massacre.”, the TU Editorial Board once again becomes a mouthpiece for Cuomo.

There is nothing reasonable or fair about the Safe Act. It was put together in some back room with the Brady Center and Bloomberg. There was no input from the taxpayers, law enforcement or the County Clerks, all of whom will have to live with it. So now when a County Clerk says that he is unable to process the requests for citizen’s information not to be made public because of limited staff, he is vilified by TU. At the same time, the TU has no problem with Sheldon Silver’s handling of sex abuse allegations.

Governor Cuomo is attempting to violate the Constitution of the United States, yet your main concern is about a County Clerk drawing a line in the sand on yet another unfunded mandate.

I shouldn’t be surprised as yet again the Editorial Board distinguishes themselves as not being in touch with the readers of upstate, NY.

“Again, Mr. Cuomo takes the more reasonable tone.” That says it all about where the “TU Editorial board” is coming from. King Cuomo backers all the way. And why do people need to know who legal gun owners are anyway? What does that have to do with Newtown or “common sense” for that matter. Zero, ziltch, nada.

This hooplehead is no hero. He’s an self-serving petty dictator whose statements are sufficient for his removal from office. And how is it that such incompetence is accepted by the people of Renesselaer County?

Its interesting how you talk about “since when did obeying the law become optional” yet when protesters are supporting a cause the TU also believes in, there is no compliant.

The ridiculous “99 per centers” ripping up parks, fighting with police, etc. You articles merely covered the story and LOOKED HARD for police doing anything foul in your minds. You are VERY selective at this newspaper with the actions that bother you.

52 of the NY Counties have resolutions opposing SAFE-NY. Nine have done nothing. Five are in NYC, two on LI and the other two counties are in the Southern Tier. Seems to me that the majority of the State oppose the act! Maybe “Dad” can explain to junior what the Nurmberg Laws were and that they were the “law of the state” too!

When elected officials use slights of hand to slight the people, they no longer work for us but for themselves!

While I agree that Mr. Merola should be following the law, he does have valid points that increased staffing may be necessary to process the written requests to seal records. Mr. Merola is explaining the difficulty in following the SAFE act, as county clerks are already juggling many priorities. He suggested that perhaps the state police should process the forms until he receives more resources and guidance. Because of this lack of resources (and to protect his office from possible litigation), he is keeping all records sealed for the time being. “Defiant” may be too strong of a word in this situation. Would the TU EB also characterize police officers that carry 10+ capacity magazines as “defiant”?

As an elected official I believe Mr. Merola has a duty to the electorate to stand against unconstitutional “laws”. Also there can be no good to come as a result of arbitrarily publishing this information, only complications for the law abiding populace.

First why is Cuomo doing this? What possible purpose does making public the names and addresses of people with pistol permits serve?
it will lead to people’s homes being broken into and possibly people being killed. But they are gun owners so who cares right? That seems to be the view.

Second, it is not legal to publicize such a list. Cuomo can stick it where the sun doesn’t shine.

If the TU editorial board were consistent, they would also criticize the Obama admin for selective enforcement of Federal Immigration laws.
But I hear crickets… The fact that Merola is a republican has nothing to do with it…right?

Since the “Pen” (free press) is mightier than the “Sword” (firearms)I want the right to the names and home addresses of every single “registered” journalist that contribute to the “news” feed in New York State.

Q: When is a law worth enforcing? A: When the TU Editorial Board decides whether they like the law or not.
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I’d like to direct the TU Editorial Board to their own eidtorial dated November 15, 2011 entitled “Arrests Aren’t an Answer” in which the TU Editorial brain trust determined that it was OK for David Soares not to pursue charges against those who trespassed on state property in protest of perceived economic injustice. The brain trust felt Cuomo was out of line for calling for arrests. Why? Because the law apparently seemed insignificant and silly to the brain trust. Problem is, “it’s the law,” brain trust.

So apparently it’s OK for a prosecutor to selectively enforce laws but not a county clerk? Well isn’t that conveeeeeenient!

I agree that it is every clerk’s responsibility to enforce all laws, no matter how he or she may feel about them. Saying he does not have the ability (manpower, resources, whatever) to do it is not a defense. He should be working to develop the ability to do it. If he does not, the State should take action against Rensselaer County for not enforcing the law.

@Jango Davis, I stated that I want the right to their HOME addresses, just like how the “safe” act specifies the HOME addresses of the owners of firearms. Please read and understand the comments BEFORE you comment.

I think Frank Merola is doing a FANTASTIC Job and deserves all our support! It’s always funny when the LIBERAL TU Board jumps on the band wagon of going after Non-Liberals it’s almost sicking! You blasted Saratoga County NOE Senator Kathy Marchione when she wanted to retire so that a like minded employee from her office could be appointed by the Saratoga Co. Board but no Your attack “boys” quickly went after her and everything about her and now your after the Halfmoon board members. Frank stood up to Spitzer over the granting of DMV licenses / ID cards to Illegal’s which is another Liberal ploy to granner votes because you Lib’s are in favor of these types of people…the undocumented, low wage earner the under class….but what people don’t realize is that you Liberals NEED these people to stay down in order for them to keep you all in power! How many Liberal AKA Democratic lawmakers have been charged with Felonies in the last 45 days? 7?? I lost track…oh and before you mention the guy that got caught with pot….PLEASE!! Keep up the GREAT work Frank! Keep it up and keep protecting us from these power crazy liberals that want to destroy our way of life!!

Why exactly would we want a database full of gun owners to be public? You said it’s useful, but you don’t say exactly how.. Seems to be a breach of privacy more than anything else. Now people can look up my name and see I’m not on the list and could possibly assume my house is safe to break into since I don’t have a weapon.